The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent.
Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.
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Professor Charles Manga Fombad is presently a Professor of law and the head of the African Comparative Constitutional Law Unit of the Institute for International and Comparative Law in Africa (ICLA), based at the Faculty of Law of the University of Pretoria. He has taught in the University of Botswana, the University of Yaounde at Soa, and was visiting Professor in the Universities of Dschang and Buea in Cameroon. He was also a Professor Extraordinarius of the Department of Jurisprudence, School of Law, University of South Africa from 2003-2007.
Professor Fombad is the author/editor of numerous books and articles, and has been awarded the Bobbert Association Prize and the Wedderburn Prize for his work. His research interests are in comparative constitutional law, delict (tort law), media law, international law, and legal history, especially issues of legal harmonization.
Les informations fournies dans la section « A propos du livre » peuvent faire référence à une autre édition de ce titre.
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Hardcover. Etat : Very Good. Etat de la jaquette : Good. 1st Edition. Hardcover, xxviii + 415 pages, NOT ex-library. Weight 970g. Printed and bound in the UK. Very good in a worn dust jacket. Book is clean and bright with unmarked text, free of inscriptions and stamps, firmly bound. Rear board shows short creases to corners. Dust jacket with an area of loss (front corner of the lower spine), scratches, faint shelfwear, a bit of creasing and scuffing to edges. -- "Separation of Powers in African Constitutionalism" provides an in-depth and critical analysis of the doctrine of separation of powers as applied in the constitutional frameworks of various African countries. This seminal work explores how this fundamental principle of governance, which aims to prevent the concentration of power and ensure checks and balances among the executive, legislative, and judicial branches, is interpreted and implemented across the continent. The book begins with a comprehensive theoretical overview of the separation of powers, tracing its historical origins and philosophical foundations. It examines the adaptation and evolution of this principle within the unique socio-political and legal contexts of African states, offering a comparative perspective that highlights both common challenges and distinctive approaches. Each chapter, written by leading constitutional scholars and practitioners from Africa, provides detailed case studies of specific countries, including South Africa, Nigeria, Kenya, Ghana, and others. These studies scrutinize constitutional texts, landmark court decisions, and real-world practices to reveal how the separation of powers operates in practice, and where it often falters. Key themes addressed in the book include: - The role of constitutional courts in enforcing the separation of powers; - The interplay between traditional governance structures and modern constitutionalism; - The impact of political dynamics and power struggles on constitutional practices; - Mechanisms for ensuring judicial independence and legislative oversight; - The effectiveness of constitutional amendments and reforms in reinforcing the separation of powers. "Separation of Powers in African Constitutionalism" also delves into the broader implications of these constitutional arrangements for democracy, rule of law, and human rights in Africa. It discusses the potential for constitutional design to contribute to political stability and good governance, and the ways in which international influences and domestic pressures shape constitutional developments. This book is an essential resource for students, scholars, and practitioners of constitutional law, African studies, political science, and governance. It offers a nuanced understanding of the separation of powers in diverse African contexts, providing valuable insights for anyone interested in the development and functioning of constitutional systems in Africa. N° de réf. du vendeur 009752
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Hardcover. Etat : new. Hardcover. The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent.Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent andaccountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constantfriction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design andimplementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government. The effective division of powers is critical to ensuring the promotion of good governance, democracy, and the rule of law in Africa. This book examines key issues arising during reforms of African constitutions, and focuses on the emergence of independent constitutional institutions providing checks against future abuses of powers. This item is printed on demand. Shipping may be from multiple locations in the US or from the UK, depending on stock availability. N° de réf. du vendeur 9780198759799
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